On April 28, Judge David McNamee of Xenia, Ohio decided that Darren Glines, a biological male who identifies as transgender, could not be found guilty of indecent exposure at a nearby YMCA since his obesity concealed any indications of a penis.
According to the Daily Mail, Judge McNamee ruled that there was no doubt that Darren Glines was in the women’s locker room when he was found not guilty on three counts of indecent exposure, all fourth-degree misdemeanors. Glines was not, however, charged with trespassing or with being in a part of the YMCA where he was not authorized to be.
“There is no question that Glines was in the women’s locker room. However, Glines was not charged with trespass, nor was Glines charged with being in an area of the YMCA where Glines was not supposed to be. Quite simply, the facts do not exist to support a find of guilt, as charges. Glines’ genitalia was not visible as a result of other portions of her body covering same.”
Glines engaged in two of the three instances at a YMCA between the months of September and November of last year, with the third taking place at an unspecified time. In each case, there were young women in the locker rooms.
In a police report submitted in November, a local mother of two claimed that a biological male was using the YMCA’s women’s locker room and that YMCA administration had informed her that they could not prohibit the transgender person from utilizing the female locker room.
The YMCA claimed in a statement that it is required by state anti-discrimination legislation to permit transgender people to use bathrooms, locker rooms, and changing areas that correspond to their gender identity.
